Children & access to justice

Barriers still exist to right of active engagement for minors

The right of children to express their views in legal matters affecting them (the right of active engagement) is increasingly recognised in jurisdictions around the world, but significant barriers remain according to a new report by legal think-tank the Bingham Centre for the Rule of Law, which analyses these barriers, and the ways to overcome them, in different jurisdictions.

Article 12 of the UN Convention on the Rights of the Child recognises children as active agents in the exercise of their rights, consistent with their levels of age and maturity. However, this right still poses a challenge in many countries where the idea of listening to a child may not be widespread or even acceptable.

The report, Children and Access to justice: National Practices, International Challenges, finds that the right is limited in many jurisdictions due to lack of state resources. Disadvantaged groups, such as children living in poverty, migrants and asylum-seekers, are particularly vulnerable to denial of their rights and are at additional risk of exploitation.

It notes that progress has been made in recent years towards the recognition of special needs of children when they encounter the justice system, whether as offenders, witnesses or victims. Special arrangements for children in judicial proceedings have been incorporated but the specifics and effectiveness of these vary across countries.

The study was commissioned by the International Bar Association’s (IBA) Access to Justice and Legal Aid Committee, with support from the Law Society and the German Federal Bar.